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out of status H1B and won Diversity lottery help!!!

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  • out of status H1B and won Diversity lottery help!!!

    Hi,

    I have been selected for the Green Card Diversity lottery and have some questions:

    I have been working for the past 6 years on a H1B visa and have been laid off in March.
    I am currently out of status, my H1B has expired, but I have an approved extension I797A form and I-94 untill October 2010.
    I am planning to return to my home country July 31 (at that point I will be out of status for 4.5 months, but have not aquired unlawful presence).

    1- Is my Green card application/approval in jeopardy by being out of status?
    2- Is it possible to have my status adjusted and proceed inside the United States?
    3- Do I increase my changes to obtain approval if I return as soon as possible to my home country instead of waiting until July 31st?
    4- Is it possible for me to travel to the US on a tourist visa while waiting for a
    response from the consular center?
    5- Overall, what would be the recommended approach to give the best chance of approval?

    Thanks in advance!
    Last edited by questions; 06-05-2009, 04:31 PM. Reason: changed title

  • #2
    Complex case. Better to be advised by an immigration lawyer.

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    • #3
      I did. The answer I got was that they can be lenient towards out of status, not against unlawful presence. I was told it is likely that it will not have consequences for me.
      I have submitted the forms and will go for consular processing in my home country.

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